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2015 - 2016 LEGISLATURE
ASSEMBLY AMENDMENT 7,
TO SENATE BILL 21
July 8, 2015 - Offered by Representatives Pope, Genrich, Sinicki and Considine.
SB21-AA7,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 1, as follows:
SB21-AA7,1,3 31. At the appropriate places, insert all of the following:
SB21-AA7,1,4 4" Section 1. 118.60 (2) (a) 10. of the statutes is created to read:
SB21-AA7,1,55 118.60 (2) (a) 10. The private school is located in this state.
SB21-AA7,2 6Section 2. 118.60 (2) (d) of the statutes is created to read:
SB21-AA7,1,87 118.60 (2) (d) No more than 49 percent of a private school's enrollment may
8consist of pupils attending the private school under this section.
SB21-AA7,3 9Section 3. 118.60 (4) (bg) 6. of the statutes is created to read:
SB21-AA7,1,1110 118.60 (4) (bg) 6. This paragraph applies only to pupils who participated in the
11program under this section before the 2015-16 school year.
SB21-AA7,4 12Section 4. 118.60 (4) (bk) of the statutes is created to read:
SB21-AA7,2,2
1118.60 (4) (bk) 1. In this paragraph, "incoming choice pupil" has the meaning
2given in sub. (4d) (a).
SB21-AA7,2,73 2. For an incoming choice pupil, upon receipt from the pupil's parent or
4guardian of proof of the pupil's enrollment in the private school during a school term,
5the state superintendent shall pay to the private school in which the pupil is enrolled
6on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255
7(2) (fr), an amount determined under s. 118.51 (16) (a) 3. b. for that school year.
SB21-AA7,5 8Section 5. 118.60 (4m) (a) 1. of the statutes is amended to read:
SB21-AA7,2,129 118.60 (4m) (a) 1. Determine the maximum amount that could have been paid,
10at the end of the immediately preceding school term, per pupil under sub. (4) (bg) for
11the grade in which the pupil is attending summer school under this section or, if the
12pupil is an incoming choice pupil, the amount under sub. (4) (bk)
.
SB21-AA7,6 13Section 6. 118.60 (4r) (a) of the statutes is amended to read:
SB21-AA7,2,1514 118.60 (4r) (a) Multiply the amount determined under sub. (4) (bg) or (bk), if
15the pupil is an incoming choice pupil,
by 0.616.".
SB21-AA7,7 16Section 7. 118.60 (7) (b) 3m. of the statutes is amended to read:
SB21-AA7,3,217 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each
18month
at which members of the governing body of the private school will be present
19and at which pupils, and the parents or guardians of pupils, applying to attend the
20private school or attending the private school may meet and communicate with the
21members of the governing body. The meetings shall be open to the public. The
22private school shall, within 30 days after the start of the school term, notify the
23department in writing of the scheduled meeting dates and shall, at least 30 days
24before the scheduled meeting date, notify in writing each pupil, or the parent or
25guardian of each minor pupil, applying to attend the private school or attending the

1private school of the meeting date, time, and place. The private school shall provide
2notice of the meetings in the manner provided in s. 19.84.
SB21-AA7,8 3Section 8. 118.60 (10) (a) 7. of the statutes is amended to read:
SB21-AA7,3,44 118.60 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6.
SB21-AA7,9 5Section 9. 118.60 (10m) of the statutes is created to read:
SB21-AA7,3,156 118.60 (10m) The department of justice or the district attorney may institute,
7manage, control, and direct, in the proper county, any prosecution for violation of
8criminal laws affecting a parental choice program under this section, including laws
9relating to parental choice programs under ch. 946 and laws affecting the health,
10safety, and welfare of pupils attending private schools under parental choice
11programs. For this purpose the department of justice shall have and exercise all
12powers conferred upon district attorneys in such cases. The department of justice
13or district attorney shall notify the department of public instruction of any such
14prosecution of a person holding a license granted by the department of public
15instruction.
SB21-AA7,10 16Section 10. 119.23 (2) (a) 10. of the statutes is created to read:
SB21-AA7,3,1717 119.23 (2) (a) 10. The private school is located in this state.
SB21-AA7,11 18Section 11. 119.23 (2) (d) of the statutes is created to read:
SB21-AA7,3,2019 119.23 (2) (d) No more than 49 percent of a private school's enrollment may
20consist of pupils attending the private school under this section.
SB21-AA7,12 21Section 12. 119.23 (7) (b) 3m. of the statutes is amended to read:
SB21-AA7,4,722 119.23 (7) (b) 3m. Annually, schedule two meetings at least one meeting each
23month
at which members of the governing body of the private school will be present
24and at which pupils, and the parents or guardians of pupils, applying to attend the
25private school or attending the private school may meet and communicate with the

1members of the governing body. The meetings shall be open to the public. The
2private school shall, within 30 days after the start of the school term, notify the
3department in writing of the scheduled meeting dates and shall, at least 30 days
4before the scheduled meeting date, notify in writing each pupil, or the parent or
5guardian of each minor pupil, applying to attend the private school or attending the
6private school of the meeting date, time, and place. The private school shall provide
7notice of the meetings in the manner provided in s. 19.84.
SB21-AA7,13 8Section 13. 119.23 (10) (a) 7. of the statutes is amended to read:
SB21-AA7,4,99 119.23 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6.
SB21-AA7,14 10Section 14. 119.23 (10m) of the statutes is created to read:
SB21-AA7,4,2011 119.23 (10m) The department of justice or the district attorney may institute,
12manage, control, and direct, in the proper county, any prosecution for violation of
13criminal laws affecting a parental choice program under this section, including laws
14relating to parental choice programs under ch. 946 and laws affecting the health,
15safety, and welfare of pupils attending private schools under parental choice
16programs. For this purpose the department of justice shall have and exercise all
17powers conferred upon district attorneys in such cases. The department of justice
18or district attorney shall notify the department of public instruction of any such
19prosecution of a person holding a license granted by the department of public
20instruction.
SB21-AA7,15 21Section 15. 946.94 of the statutes is created to read:
SB21-AA7,4,23 22946.94 Parental choice program fraud. (1) In this section, "parental choice
23program" means a parental choice program under s. 118.60 or 119.23.
SB21-AA7,5,3
1(2) Whoever intentionally makes or causes to be made any false statement or
2representation of material fact in any application to participate in a parental choice
3program is guilty of a Class A misdemeanor.
SB21-AA7,5,4 4(3) No person may do any of the following:
SB21-AA7,5,75 (a) Having knowledge of an event affecting the person's eligibility to participate
6in a parental choice program, conceal or fail to disclose that event with an intent to
7fraudulently participate in a parental choice program.
SB21-AA7,5,98 (b) Receive a payment under a parental choice program and use the funding
9for purposes that are not authorized under the parental choice program.
SB21-AA7,5,1010 (c) Whoever violates par. (a) or (b) is subject to the following penalties:
SB21-AA7,5,1211 1. If the value of the payment that is obtained as the result of the violation is
12more than $5,000 but does not exceed $10,000, a Class H felony.
SB21-AA7,5,1413 2. If the value of the payment that is obtained as the result of the violation is
14more than $10,000, a Class G felony.
SB21-AA7,5,19 15(4) Whoever makes any statement in a written application to participate in a
16parental choice program is considered to have made an admission as to the existence,
17correctness, or validity of any fact stated. Such a statement is prima facie evidence
18against the person who made it in any complaint, information, or indictment, or in
19any action brought for enforcement of any provision of this section.
SB21-AA7,9334 20Section 9334. Initial applicability; Public Instruction.
SB21-AA7,5,23 21(1j) Parental choice program fraud. The treatment of section 946.94 of the
22statutes first applies to acts and omissions that occur on the effective date of this
23subsection.".
SB21-AA7,5,24 242. Page 1047, line 20: delete "(bg)" and substitute "(bk)".
SB21-AA7,6,1
13. Page 1047, line 21: delete "(bg)" and substitute "(bk)".
SB21-AA7,6,2 24. Page 1118, line 5: delete "(bg)" and substitute "(bk)".
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